IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NOS.6561-6562 OF 2012 AND WRIT APPEAL NOS.4293-4297 OF 2013 (LA-KIADB) BETWEEN:
1. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, ROS VILLE, BISHOP’S COMPOUND, BEHIND STATE BANK OF MYSURU, VALENCIA, KANKANADY POST, MANGALURU-575 001, REPRESENTED BY IT PROJECT DIRECTOR.
2. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF INLAND AND SURFACE TRANSPORT, NEW DELHI-110 001.
NOW REPRESENTED BY PROJECT DIRECTOR, NHAI.
...APPELLANTS (BY SMT. SHILPA SHAH, ADVOCATE FOR M/S. SINGHANIA AND PARTNERS) AND:
1. MR. S. ARUN KUMAR SHETTY SON OF B.S.R. SHETTY, AGED ABOUT 43 YEARS, PRAFUL MEDICALS, BIKARNAKATTE KAIKAMBA, KULSHEKARA POST, MANGALURU-575 005.
2. MR. JOHN FERNANDEZ SON OF LATE MARIAN FERNANDEZ, AGED ABOUT 59 YEARS, PRASHANTH WINES, BIKARNAKATTE KAIKAMBA, KULSHEKARA POST, MANGALURU-575 005.
3. ERIC J.M. CASTELINO SON OF LATE LIGORY CASTELINO, AGED ABOUT 64 YEARS, SACRED HEARTS, JAYASHREE GATE, KAIKAMBA, KULSHEKARA POST, MANGALURU-575 005.
4. SMT. FATHIMA BI, WIFE OF LATE SHEIK DAWOOD SAHEB, AGED ABOUT 61 YEARS, BIKARNAKATTE KAIKAMBA, KULSHEKARA POST, MANGALURU-575 005.
5. MRS. JULIANA LETITIA VAZ, AGED ABOUT 60 YEARS, PADARU VILLAGE, BIKARNAKATTE KAIKAMBA, KULSHEKARA POST, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, MRS. LEENA CUTINHA, KULASHEKAR, MANGALURU-575 005.
6. ARTHUR M. CASTELINO SON OF LATE LIGORY CASTELINO, AGED ABOUT 62 YEARS, LEEMA, JAYASHREE GATE, KULASHEKAR POST, MANGALURU-575 005.
7. SHARATH KUMAR SON OF LATE B. JAYANTHI, AGED ABOUT 49 YEARS, SHEETAL TRADERS, BIKARNAKATTE, KAIKAMBA, KULSHEKARA POST, MANGALURU-575 005.
8. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, OFFICE OF THE NATIONAL HIGHWAY AUTHORITY, KAIDB, BIKAMPADY, MANGALURU.
9. THE DEPUTY COMMISSIONER D.K. MANGALURU.
10. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO THE REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
…RESPONDENTS (BY SRI B.B. PATIL, ADVOCATE FOR R8;
SRI KIRAN KUMAR, HCGP FOR R9 AND R10; R1, R2, R3, R4, R5, R6 AND R7 ARE SERVED AND UNREPRESENTED) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 16.07.2012 PASSED IN THE WRIT PETITION NOS.6137-6141 OF 2012 AND WRIT PETITION NOS.6142-6143 OF 2012 BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE HIGH COURT.
***** THESE WRIT APPEALS COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel appearing for the appellants submits that the appeals be dismissed as being infructuous. In view of the submissions made, ordered as such.
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JUDGE JUDGE rsk/-